Terms and Conditions of Use

Welcome to the official online store of L'uomo e la donna -  Angelo Carillo 1979 S.R.L.

Our registered office is Via Croce Rossa 226  - 80047 San Giuseppe Vesuviano (NA) Tel: +39 081 275 122 Email: info@luomoeladonna.it  VAT No.: 11042561214  REA No. NA-1150327.

Access to and use of this e-commerce website www.luomoeladonna.it (hereinafter referred to as the "Site"), as well as the purchase of products from Angelo Carillo 1979 S.r.l. (hereinafter referred to as the "Seller"), presuppose the reading, knowledge, and acceptance of the following General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply when a purchase of products is made through the Site by users who qualify as "Customers" and the Seller, and are governed by the online sales contracts in Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003.

General Terms and Conditions of Sale

The following General Terms and Conditions of Sale govern all sales contracts concluded between the Seller and the Customer through the Site.

Every purchase is governed by the General Terms and Conditions of Sale in the version published on the Site at the time the Customer places the order.

The Customer is required to review and accept the following General Terms and Conditions of Sale, in particular the pre-contractual information, before confirming the order.

At the time of order submission, the Customer agrees that the confirmation of the order-related information and these General Terms and Conditions of Sale will be sent by email to the address provided at the time of registration on the Site or during the purchase process.

To make purchases through the Site, the Customer must be of legal age (18 years).

Any costs for connecting to the Site via the internet, including telephone costs, are solely borne by the customer according to the rates applied by the customer's selected provider.

Before concluding the purchase contract, the Customer reviews the characteristics of the goods described in the individual product pages at the time of selection by the customer.

Before concluding the purchase contract and before the order is confirmed with an "obligation to pay", the customer is informed about:

• The total price of the goods including taxes, with a breakdown of shipping costs and any other costs;
  
  
• Payment methods;
  
  
• The period within which the seller undertakes to deliver the goods;
  
  
• Terms, conditions, and procedures for exercising the right of withdrawal;
  
  
• The existence of the legal guarantee for the purchased goods;
  
  
• Terms of the after-sales service and commercial warranties provided by the Seller.

At any time before concluding the contract, the Customer may review the information relating to Angelo Carillo 1979 S.r.l., geographic address, telephone number, email address, and other information provided, including the following:

Angelo Carillo 1979 S.r.l.

Via Croce Rossa 226  - 80047 San Giuseppe Vesuviano (NA) Tel: +39 081 275 122 Email: info@luomoeladonna.it  Tel: +39 081 275 122
VAT No.: 11042561214  REA No. NA-1150327.

Product characteristics and their availability in different geographic areas

The products are sold with the characteristics described on the Site and in accordance with the terms and conditions of sale published on the Site at the time the Customer places the order, to the exclusion of any other terms or conditions.

The Seller reserves the right to modify these terms and conditions of sale at any time at its sole discretion, without providing prior notice to the Users of the Site. Any changes will be effective from the date of publication on the site and will apply only to sales concluded from that date onward.

Prices, products for sale on the Site, and their characteristics are subject to change without notice. Before submitting the purchase order, the customer is invited to check the final sale price.

Users of the Site can access it from anywhere in the world, and the Site may contain references to products that are not available or cannot be purchased in the visitor's country.

The Products purchased on the Site are available only to users who, in the section of the site specifically dedicated to this, request delivery to one of the countries listed on the site.

Conclusion of the contract

The offers on www.luomoeladonna.it are not binding on the Seller and do not constitute a public offer, but a simple 'invitatio ad offerendum'.

The customer's order constitutes a binding contractual proposal. The order is accepted by the Seller with a receipt sent by email, which contains a summary of the terms of sale, a description of the product characteristics, and the essential elements of the contract (price, payment methods).

The Products displayed on the Site are purchased by selecting them and adding them to the cart. Once the Customer has selected the Products and wishes to purchase those in the cart, they will be asked to provide the necessary data to allow the conclusion of the Contract.
In particular, the Customer will be asked to provide their personal data: email address, delivery address for the Products, billing address, tax code, and a telephone number where they can be contacted to inform them of the possible delivery date of the Products.
If the customer opts for payment by credit card, they will be required to provide the credit card details via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the customer. In the case of payment by credit card, the purchase amount will be charged to the customer after completing the order on the site. The Customer can pay for the ordered Products using one of the payment methods indicated on the Site.

Pursuant to Art. 51 of the Consumer Code, we inform the customer that the order entails an obligation to pay.

Payment

The Seller accepts payments via PayPal and Credit Card. The prices indicated on the Site are in Euros and include VAT, unless an alternative country has been selected where VAT is not applicable.

Customers purchasing from an Extra-EU country will pay only for the purchased items (excluding VAT) and shipping costs.

We recommend contacting the local customs authority to determine the landed cost before completing the purchase.

Please note that some shipments may experience delays due to the customs clearance process, which is beyond our control.

Payment can be made using the following methods:

PAYPAL

• If you are already a PayPal customer, you can log in with your details and confirm the payment.
• If you do not have a PayPal account, you can pay with your credit card (Visa, MasterCard, Maestro, American Express, Diners) without creating an account.

CREDIT CARD

Payments via Visa, MasterCard, and Postepay are accepted. The system checks whether the card uses the 3D Secure, Verified by VISA, or MasterCard SecureCode security programs and requires a password.

Warranty

Pursuant to European Directive 44/99/CE, Italian Legislative Decree no. 206/2005 (Consumer Code), and the rules and regulations referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135, and subsequent amendments to Decree no. 206/2005, the Seller guarantees the Customer, who qualifies as a “Consumer”, that the Products will be free from design and material defects and conform to the descriptions published on the Site. The application of any warranty does not apply if the use or cleaning of the product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.

The Customer will inspect the products as soon as possible and send the Seller, by email or registered mail, an explicit complaint indicating the defect and/or non-conformity found, along with the relevant documentation indicated in the return form (at least one photograph of the product, the order confirmation sent by the Seller, and the receipt).

Upon receipt of the form and accompanying documentation, the Seller will assess the defects or non-conformity reported by the customer and, after conducting quality checks to verify the non-conformity of the Product, will decide, at its discretion, whether to authorize the return of the Product by the Customer, contacting the Customer via email at the address provided by the latter during the registration process on the Site.

The authorization to return the Products will in no way constitute an acknowledgment of defects or non-conformity, the existence of which will only be confirmed after the return.

The Products for which the Seller has authorized a refund must be sent by the Customer, together with a copy of the return authorization, within 14 days of the notification of the defect or non-conformity to the following address:

Angelo Carillo 1979 S.r.l.

Via Croce Rossa 226  - 80047 San Giuseppe Vesuviano (NA)

Delivery of goods

Shipments are entrusted to DHL (Mon-Fri, 9:00-16:00), with orders processed by the next business day. Delivery times are 1-2 business days for Italy and 2-5 for international shipments, trackable via email.

In the event of a failed delivery, a second attempt can be scheduled. In the event of a damaged package, you are advised to accept it with reservations and contact customer@luomoeladonna.it.

Shipping costs

Couriers do not provide service during Italian holidays.

Extra-EU customs costs are borne by the customer.

For shipments outside the European Union, any taxes and customs costs are borne by the customer.The shipping cost displayed during the order is calculated based on standard rates. Please note that for return shipments, the costs paid by the customer may vary.

Availability of goods

If the item purchased by the Customer is no longer available, they will receive written communication at the same time as a full refund of the order. Any requests to change the shipping address and/or personal data must be communicated to customer@luomoeladonna.it, and are possible until the order is processed. No modification requested after the Customer receives the email with the order tracking code will be accepted.

Right of withdrawal

Pursuant to Art. 49, paragraph 4, Customers who qualify as Consumers have the right to withdraw from the contract, without stating the reasons, within 14 days from when the Consumer or a third party appointed by them has received the Product. Customers purchasing with a VAT number cannot exercise the right of withdrawal.

Return procedure

The request to return one or more items from an order can be made within 14 days of the delivery of the order, and the shipment to the Seller must occur within 14 days of receipt of the instructions and the waybill for the return.

The customer is required to send written communication of the intention to return the item to customer@luomoeladonna.it, specifying the order code and the item they intend to return; consequently, they will receive the instructions to make the return.The return is, however, subject to the following conditions:

• the Product must be returned to the Seller intact, unused, unwashed, unstained, and undamaged, and must be returned in the original packaging, complete in all its parts (including packaging and any documentation and accessories); to limit damage to the original packaging, we recommend, when possible, placing it in a second box, on which to write the Seller's address;
  
  
• the Product must be returned to the Seller with all original labels and identification tags attached to it;
  
  
• in all cases, avoid applying labels or adhesive tapes directly to the original product packaging.The Seller reserves the right to verify full compliance with the conditions indicated above; returns that do not meet these conditions cannot be accepted or refunded.

The return shipping costs (customs duties) are borne by the customer.

Once the integrity of the product has been verified, the refund procedure will begin, which may take up to 7 business days.

If the product is not damaged, the refund will be made using the same payment method used at the time of the order; in the case of a bank transfer, the customer is required to also provide the bank details where the amount will be credited back during the return request.

If the customer has received an item different from the one ordered, they are required to promptly contact customer@luomoeladonna.it reporting the anomaly found; after appropriate checks, the Seller will arrange for the return and replacement/refund of the same.

Return policy for underwear

To ensure maximum hygiene and safety for our customers, our return policy includes certain limitations on underwear products.

Exclusion from the Right of Withdrawal

Pursuant to Article 59 of the Consumer Code (Legislative Decree 206/2005), the right of withdrawal does not apply to sealed products which, for hygiene reasons or reasons connected to the protection of health, are not suitable to be returned after opening.
Therefore:

We do not accept returns or exchanges of underwear (briefs, boxers, panties, briefs, bodysuits, etc.) if the sealed packaging has been opened or tampered with.Returns are accepted only if the product is defective or non-conforming to the order placed.

Liability for product damage

The provisions of Directive 85/374/EEC regarding damage caused by products apply. The Seller, as a distributor, is released from liability by indicating the name of the manufacturer.

Price adjustment policy

We cannot offer a price adjustment on products originally purchased on sale or on products in a special temporary price reduction promotion. Once an item has been purchased at a discounted sale price, no price adjustment will be offered in the event that the item undergoes a further price reduction.

Security

User data is protected as much as possible from loss, falsification, tampering, and improper use by third parties. We guarantee: - the highest level of reliability and security to assure customers that the site is secure - that information sent via the web browser or other devices remains confidential. For further legal information regarding the processing and protection of user data, please read the site's Privacy Policy.

Force Majeure

The Seller will not be responsible for total or partial failure to perform its obligations arising from contracts concluded under these general terms and conditions of sale, provided that such failure is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, war, riots, power outages, general strikes of public and/or private workers, strikes and/or restrictions on the traffic of couriers and air links.

Governing Law and Jurisdiction

Any contract of sale concluded between the Seller and the Customer in accordance with these general terms and conditions of sale shall be governed by and construed in accordance with Italian law. In any event, all further rights granted to the Customer by mandatory provisions of law in force in their State of residence shall be reserved. Any disputes shall be resolved by the Court of Naples, except in cases where such provision is not applicable due to mandatory provisions of law in force in the customer's country of residence.

Validity of Clauses

The headings of the terms used herein are purely indicative and have no effect on the identification of the contents or the interpretation of this contract. These General Terms and Conditions of Sale do not prejudice the rights conferred by Italian law on the Consumer. In the event that any provision, or part of a provision, of these terms and conditions is held to be invalid because it is incompatible with or contrary to a provision of law, all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.

Final Provisions

The Customer acknowledges that they have not been induced to enter into this contract by any prior oral representations. If any of these Terms and Conditions is invalid or becomes invalid at any time, this shall not affect the validity of the remainder of this contract. In such case, the invalid clause shall be replaced by a term that most faithfully represents its intentions and economic purposes or by the appropriate provisions of law. The Seller reserves the right to amend these terms and conditions at any time. The amended general terms and conditions shall be made available on the website https://www.luomoeladonna.it